The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1887-03-24

u1sCr1ct IN this state The claim that any such
the person giving such evidence shall not excuse
such witness from testifying; but such evidence
or testimony shall not be used against such per-
son on the trial Of any criminal proceeding
SEC. IA. Ia Whenever an investigation shall
De made by said commission. it shall be its duty
70 make it's report in writing in respect thereto,
which shall include the findings Of fact upon
winch the conclusion Of the commission are
based. together with its recommendation as to
what reparaton, il any. should be made by the
be found to have been injured: and such mud
lngs so made shall thereafter. In all judicial pro-
ceed1ngs. be deemed prima facie evidence as to
each and every fact found. All reports of inves-
LEGATIONS made by the commission shall be en-
Tered OF record. and copy thereof shall be fur
n1shed to the party who may have complained
anu 70 any common carrier that may have been
complained OF. and the record thereof shall be
(bl If in any case in which an investigation
snail be made by said commission it shall be
made to appear to the satisfaction Of the COM
mission, either by testimony of witnesses or
other evidence, that anything has been done or
omitted to be done by any common carrier, in
violation OF the provisions OF this act or Of any
law cognizable by said commission or that any
injury or damage has been sustained by the
party or parties complaining, or by other parties
1t shall be the duty OF the commission to forth
with cause a copy of its report in respect
thereto to be delivered to such common carrier,
together with a notice to said common carrier to
cease and desist from such violation and to
make PREPARATION for the injury so found TO have
been DONE within brief but reasonable time.
TO DC specified by the commission: and if
within the time specified. it shall be made
to appear to the commission that such
common carrier has ceased from such violation
OF law, and has made reparation for the injury
found to have been done. in compliance with the
report and notice of the commission, or to the
lsfactlen OF the party complaining statement to
that effect shall be entered of record by the COM
mission, and the said common carrier shall
thereupoI he relieved from further liability or
penalty Ior such particular violation Of law.
lc) But II said common carrier shall neglect or
refuse within the time specified, to desist from
such violation of law, and make reparation for
the injury done in compliance with the report
shall be the duty Of the commission to forthwith
the Of such NEGLECT or and
and punishmat as m prov i 'ofeSS
SEC. Is. (a) That it shall be the duty of the
attorney general to whom said commission may
in the next preceding section OF this act, when
1t shall appear from such report that any injury
or damage has been sustained from any party
or parties by reason of such violation of law by
such common carrier, to forthwith cause suit to
be brought III the district court in the judicial
district wherein such violation occurred, on be-
half and in the name of the person or persons
injured. against s;,ch common carrier, for the
covery of damages for such injury as may have
been sustained by the injured party: and the
costs and expenses of such prosecution shall be
vided for for the uses and purposes Of this act.
(b) Aud the said court shall have power to
hear and determine the matter on such short
the court shall deem reasonable; and such no.
tice shall he served on such common carrier, his
De LIS G1 u saS
shall proceed to hear and determine the matter
speedily. and without the formal pleadings and
proceedings applicable to ordinary suits in eQ-
uity: but in such manner as to do justice in the
premises, ana to this end such court shall have
power if it thinks fit to direct and prosecute in
such mode and by such persons as it NAV APP
point, all such inquiries as tie court may think
needful to enable it to form just judgment in
the matter Of such petition. And Oh such hear
ing the report Of said commission shall be prima
facle evidence OF the matters therein stated.
u And if it be made to appear to such court
on such hearing or on report Of any such person
or persons, that the lawful order or requirement
ct such commission. drawn in the question has
been violated or disobeyed. it shall be lawful tor
such court to issue writ of I'M junction or other
proper process, mandatory or otherwise. to re-
strain such common carrier from further con-
tinuing such violation such disobedience of
such order or requirement OF saG commission,
and enjoining obedience tosthe same, and in case
Of any disObedienoe OF any such writ OF injunc-
ton or other proper process. mandatory or other
wise, it shall be lawful for such court to issue
writs OF attachment. or any other process of said
court incident or applicable to writs of
injunction or other proper process, man
datory or otherwise, against such common car
rier, and il CORPORATION. against one or more Of
against any owner, lessee, trustee, receiver or
other person failing to obey such writ OF injunc-
tion or other proper process, mandatory or other
wise; and said court may, if it shall think fit,
make an order directing such common carrier or
other person so disobeying such writ of injunc-
ton or other proper process, mandatory Or other
wise, to pay such sum Of money not exceeding
for each carrier or person in default, the sum of
$500 for every day after day to be named in
the order, tina. such carrier or other person shall
fail to obey such injunction or other proper pro-
Ynan6StnrC OtnprWiSn. Dsnp
shall be payable, as the court shall direct, either
to the party complaining, or into court to abide
thereof may without prejudice to any other
mode Of recovering the same be enforced by at
tachment or order in the nature of writ of OK
ccution, in like manner as II the same had been
recovered by q final decree In personam in such
court.
Either party to such proceeding before said
court may appeal to the supreme court of the
state. under the same regulations now provided
bv law in respect to security for such appeal;
but such appeal shall not operate 70 stay or
supersede the order Of the court or the eXecu-
tiOn OF any writ or process thereon. unless the
court hearing or deciding such case should 9TH
erwise Direct and such court may, in every such
matter, order the payment Of such costs and
cOunsel.feeS as shall be deemed reasonable.
I'D In case the attorney general shall not
within a period of ten (1O) days after the max
ing of any order by the commission, commence
Judicial proceedings for the enforcement thereof.
any railroad company, or other common car
rer affected by SUCH order, may at any time within
the period OF thirty (3O) days alter the service
upon him or it OF snch order. and before COM
mencenent OF proceedings, appeal thcrefrom to
the district court OF any. judicial district,
through or into which his or its route
may run. by the service Of a written notice
Of such appeal upon some member or the secre-
tary of such commission. And upon the taking
Of such appeal, and the filing of tho notice
thereof with the proof OF service in the office Of
the clerk Of such court there shall be deemed to
be pending in such court a civil action of the
character and Tor the purposes mentioned III Sec
ticns Il and 10 of this act Upon such appeal.
and upon the hearing OF any application for the
enforcement OF any such order made by the
commission. or by the Attorney General, the
court shall have jurisdiction to examine the
whole matter in controversy, including matters
of fact well as questions OF law, and to affirm.
modify or resc1nd snch order in whole or in part.
as justice may require, and in case Of any order
being modified as aforesaid, such modified order
shall for all the purposes contemplated by this
act, stand in place OF the original order modi-
No appeal az aforesaid shall stay or supersede
the order appealed from in so far as such order
shall relate to rates OF transportation or to modes
of transactin9 the business of the appellant with
the public, unless the court hearing or deciding
such case shall direct.
SEC l6. m That whenever facts, In any man
ner ascertained by said commission. shall
it shall be the duty Of said commits
sion to Immediately cause suit to be insti-
tuted and prosecuted against any common car
this act, or Of any law Of this state. All such
prosecutions shall be in the Of the State of
Minnesota, except as is otherwise provided in
instituted in any county in the state through or
into which the line of any common carrier so
sued may extend, and all penalties recovered
under the provisions OF TINS act, or OF any law
of the state. shall be Immediately paid into the
state treasury by the sheriff or other officer or
person collecting the same; and the same shall
be bv the state treasurer placed to the credit of
the general revenue fund.
(b) For the purposes Of this act, except it's
penal provisions, the district courts of this state
hall ha 1ac i,,S